Best Practices for Appealing Your VCF Decision

Navigating the 9/11 VCF appeals process for a denied or unsatisfactory decision from the VCF can be daunting, especially given the short deadline involved. Understanding the appeals process and adopting best practices can significantly improve the outcome of your appeal. When a 9/11 VCF claim is denied or the VCF has made an award that the claimant feels does not fully account for the scope of their losses, this may feel like a huge loss. However, it’s important to remember that this decision is not necessarily a final ruling. The VCF allows claimants to appeal the VCF decision or amend their VCF claim. Here's how you can effectively challenge your VCF decision.

Determine Whether You're Appealing for Eligibility or Compensation

First, it's crucial to determine the nature of your 9/11 VCF appeal. Are you contesting a decision regarding your eligibility, or are you disputing the amount of compensation that the VCF awarded? The best practices for appealing the decision and the evidence required can vary greatly depending on this distinction between appealing for denial of eligibility or appealing for compensation amount. For eligibility appeals, you'll need to focus your appeal on proving your presence in the exposure zone or showing how your health condition is related to 9/11 exposure. For compensation appeals, the emphasis of your appeal will be on showing the extent of your losses, suffering, and damages.

Appeal Your Decision in a Timely Manner

Timing is of utmost importance when it comes to appealing the VCF’s decision on eligibility or compensation. You typically have a limited window of time to file an appeal – just 30 days – from the date of your denial letter or the award decision letter. Missing this deadline means you lose your right to contest the VCF's decision, so it's imperative to act quickly and decisively if you do not agree with the VCF’s decision on your claim.

Review Your Provided Information, Including Proof of Presence

One common reason for unfavorable VCF decisions is insufficient, unclear, or even conflicting information concerning proof of presence in the exposure zone. Claimants receiving an unfavorable decision are advised to begin the appeals process by thoroughly reviewing the information that was initially provided, ensuring that the documentation clearly establishes your presence at the 9/11 sites or in the surrounding areas during the relevant periods of time. This may include employment records, witness affidavits, or any other documents that can substantiate your claim. Claimants will then want to review any information that was provided regarding the certified 9/11 condition, including medical records and evidence of economic and non-economic losses.

Decide Whether It's Appropriate to Appeal or Amend

You may appeal a VCF decision only if your eligibility denial letter or award letter includes an Appeal Request Form. In some cases, even if an appeal is allowed, it might be more strategic to amend your claim rather than appeal it. If new evidence or information has come to light since you initially filed your claim, or if there was an error in your original claim, amending your claim could be the more appropriate course of action. An amendment allows you to add new information to your claim without contesting the VCF's original decision.

Submit Your Appeal as One Package

When you're ready to file your appeal, you will want to ensure that all relevant documents, necessary evidence, and applicable correspondence are compiled and submitted as one comprehensive appeal package. This helps make it easier for the VCF to review and understand your appeal. Clearly outline the reasons for your appeal, supported by relevant evidence and legal arguments, if applicable.

Reach Out to a 9/11 Attorney for Guidance

Seeking professional legal guidance is one of the most important considerations in the appeals process. At Hansen and Rosasco, LLP, our dedicated 9/11 attorneys have over two decades of experience in representing and appealing VCF claims. We can offer invaluable advice on the strength of your case, the likelihood of a successful appeal, and the best strategies for winning your appeal. We can help you navigate the VCF appeals process efficiently, ensuring that deadlines are met and your appeal is as strong and compelling as possible. Reach out to Hansen & Rosasco, LLP today for a free consultation.